1908255 (Refugee)

The applicant, a divorced man from Thailand, sought a protection visa in Australia. He claimed he would face harm upon return to Thailand due to his homosexuality and a significant debt owed to a loan shark, which he feared would result in his death. He also asserted he would be unable to survive due to a lack of financial resources and familial support.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of membership of a particular social group (homosexual men) or if he would face significant harm as a necessary and foreseeable consequence of removal to Thailand, thereby satisfying the complementary protection criterion. The court also considered the applicant's claims regarding the loan shark and his financial destitution.

The court noted that the applicant's claims regarding the loan shark were inconsistent and lacked detail, particularly concerning the amount borrowed and the identity of the lender. While acknowledging the potential for harm from loan sharks, the court found that the applicant had not established a well-founded fear of persecution or significant harm on this basis, especially in light of government measures to combat loan sharking in Thailand. Furthermore, the court found that the applicant had not established that he was gay or that this characteristic would place him at risk of persecution. Consequently, the court affirmed the decision not to grant the applicant a protection visa.